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April 23, 2012

Architectural Review: Architectural Control Committee

 

Home Owners Association

Home Owners Association, (community association) is an organization comprised of all owners of housing units in a common interest development, and is given authority to enforce the covenants, conditions, and restrictions and managing the common amenities of the development. The Trinity Lake Home Owners Association is a non-profit corporation and is subject to state statutes that govern non-profit corporations and homeowners associations. All residential units in Trinity Lake that are purchased from the developer are part of a recorded restriction covenant that governs the property rights of the owner. See Declaration of Covenants, Conditions and Restrictions for Trinity Lake The purpose of the deed restrictions are to protect property values in the development. The Home Owners Association has power to provide services, regulate activities, levy assessments, and impose fines. Because the Board is a non-profit incorporation it has a board of directors. The board can appoint corporate officers, and may create subcommittees, such as “architectural control committee, financial and neighborhood watch committees.” 

 

Homeowners Responsibility

Article VII, Maintenance, Section 1. Exterior Maintenance- Except as otherwise expressly provided in the Declaration, the Association shall maintain Common Area. Each homeowner shall be responsible for the exterior maintenance of his or her improved lot and the dwelling location thereon, as follows; painting, replacement and care of roofs, gutters, downspouts, exterior building surfaces, lawn, trees, shrubs, driveways, walks and other exterior improvements. In the event that the owner neglects or fails to maintain his or her improved lot and/ or the exterior of his or her dwelling in a manner consistent with other improved lots and dwellings in Trinity lake or fails to maintain his or her Lot (whether improved or unimproved) in a safe condition and free of debris, the Association may provide such exterior maintenance. Provided, however, that the Association shall first given written notice to the owner of the specific items of exterior maintenance or repair the association intends to perform and the owner shall have twenty (20) days from the date of the mailing of said notice within which to perform such exterior maintenance himself or herself. In the event the Association performs such exterior maintenance, repair or replacement, cost of such maintenance, repairs shall be added to and become part of the assessment to which such lot is subject.

Architectural Control Committee

The ACC, Architectural Control Committee, is a committee composed of two (2) or more representatives appointed by the HOA, Homeowners Association Board. The ACC exists as a body to protect/preserve the ideals desired by property owners to have a neighborhood that maintains property values and has an aesthetic impact on all that live in Trinity Lake and that visit the community. The ACC is empowered by the HOA Covenants and restrictions to maintain standards set by the Declaration of Covenants, Article V, as well adopt Standards and Precedents for projects having an impact on the external profile of our neighborhood

 

Article V, Architectural Control, Section 1. Improvements

No improvements, alteration, repair, change in paint color, excavation, change in grade, planting, landscaping or other work which in any way alters the exterior of any lot or the improvement located thereon from their natural or improved state existing on the date such lot was first conveyed in fee by the Declarant to an owner or owner to anyone purchasing said property in the future. The owner shall not commence, erect or maintain upon any lot no building, fence, wall, residence or other structure shall be commenced, erected, maintained, improved, altered or removed until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing (application document} as to harmony of external design and location in relation to surrounding structures and topography by owner at the time of improvements, alterations or repair.

 

Homeowners of Trinity Lake must file an Application for the following:

·        Repainting of exterior, shutters, trim of house

·        New Deck/Modifications. All decks or patios must conform to building standards and codes of the governing jurisdiction.

·        Driveway Additions

·        Fences. No chain link fences are allowed. All other fences metal or otherwise would be subject to approval. Wrought iron fences are permitted.  Solid wood stockade or picket enclosed fences are not desirable or recommended. Fences maybe constructed of pressure treated lumber, natural cedar, vinyl or composite plastic- wood material.    Fences cannot be higher than 6 ft. around the perimeter of the yard and must be stained a natural wood color or in case of white vinyl or stockade or picket fences, white in color. Fences should follow the grade and roll of the land except when the roll or grade will result in a rise or fall of more than 6 inches per 8 foot section. It is recommended that you try to use vegetation to screen your property. Also if you erect a fence that you screen the outside of fence with vegetation from the neighbors. Enclosed fences are not allowed on the lake. Fences cannot extent beyond building line requirements of the subdivision. Fences to be constructed on a lot shall be coordinated to a reasonable degree (as determined by ACC) with existing fences on adjacent lots.

·        Patio/Walkway

·        Playground equipment

·        Kennel. Chain link fences are prohibited.

·        Animals. Pets should not be allowed to run loose through the neighborhood. There is a leash law in effect in Greensboro and Guildford County. When walking your pet, if they do, please clean it up. No farm, barnyard, rural, etc. animals will be permitted to dwell on any lot.          

·        Swimming pool. Only in ground pools are allowed with the ACC approval.

·        Home addition

·        Landscaping that changes natural environment. Landscaping is encouraged. Trees that are not dead or not to be cut down unless approved by AAC and if approved must be replaced.

·        Landscape structure

·        Retaining wall

·        Basketball hoops. Basketball goals are permitted as long as they are not permanently fixed in the ground. They must not be in the street. The department of Transportation states that basketball goals must be at least 8 feet back from the street or you could be fined.

·        Antenna/satellite dish/locations. No outside radio, television antenna or satellite dish greater than twenty inches (20”) in diameter shall be erected on any lot or dwelling. Dish may only be mounted in the rear of the dwelling, and must not be visible from the street. Pole mounts are recommended.

·        Outbuildings/Storage Shed. No metal storage buildings of a temporary or permanent character shall be permitted on any lot. The exterior color or material of the storage building should be as close as possible to the exterior color of the house. Storage buildings should be placed directly behind your house and not the side of your house. Maximum recommended sizes are 11 ft. wide, front and back, 12 ft length, sides and 9 ft height. The building also either have a concrete or solid foundation. It is requested that the building underside be screened with shrubbery or lattice work.

·        Clearing/Grading, dead trees and trees creating a hazard can be removed. Recommended that you replace existing trees. New driveway paving must have approval by AAC. 

·        Parking. Passenger Cars, standard size vans, standard size pickup trucks & motorcycles are only to be parked on the street, in the driveway of ones property or in the garage not on the lawn. Each property owner is allowed only two additions vehicles on the street in front of ones property. Parking for social events but not lasting more than 72 hours is allowed. Parking of inoperable vehicles is strictly prohibited this includes wrecked, vehicles with a flat tire or tires or no tires, etc. Commercial vehicles are prohibited.  This includes vehicles that are larger than a pick-up truck, SUV, or any vehicle that has commercial painting/lettering/advertising on its exterior, or any vehicle that carries visible ladders or commercial equipment.

  See Article VIII, Restrictions, Section 16, for trailers, trucks, school buses, boats, and boat trailers other parking requirements.

·        Mail Receptacles and property identification markers. Changes to Mail box location, color (black), size, design, lettering (gold) and all other particulars are strictly prohibited. Contact Mail Box Inc. Triad area (336) 434-5039 for numbering and other mailbox items.

·        Trash Cans. Trash cans must be stored out of site.

·        Nuisance- No lot shall be used or maintained as a dumping ground for rubbish. 

·        Any other changes to be made to property one should check with the ACC or HOA.

Article V, Section 2. Procedures

Any person desiring to make any improvement, alteration or changes as described in the section above must submit the plans, specifications and an application therefore, showing the nature, kind, shape, height, material and location of the same to the ACC, which shall evaluate such plans and specification in light of the purpose of this article. The ACC will approve or disapprove the request within 30 days of receiving application. If the proposal is disapproved the applicant is free to request that the committee reconsider its position and is encouraged to present new or additional information, which might clarify the request or demonstrate its acceptability. If the applicant (homeowner) is still not satisfied with the ACC decision he or she may appeal to the HOA.

Note: Approval of any project by the ACC does not waive the necessity of obtaining the required building permits. Anyone wanting an application should go to http://www.trinitylakenchoa.com/pdfs/architecturerequest.pdf

 

Violation Enforcement

Fining Procedures and Policy: For Alterations and Modifications to property based on the items above you must have Architectural Control Committee approval or you could be fined up to $100 per day.

 

1.     A letter will be mailed to the homeowner identifying the nature of the violation(s) and referencing the specific provision(s) of the declaration and/or rules and regulations being violated.  No fine.  Homeowner has twenty (20) days to correct the violation(s).

2.     If violation goes uncorrected, the HOA Board will call a hearing to determine if a fine should be imposed.  Property owner will be informed of time and place of hearing.  The owner may bring an attorney to the hearing.

3.     The HOA will appoint an adjudicatory panel for the hearing and the offensive party will be invited to attend the hearing to discuss infraction and potential fine of up to $100 per day.  Board votes in fine amount. The homeowner has ten days to respond.

4.     Fines accrue until Board deems necessary to turn over to attorney for collection.

 

 

 

 

Trinity Lake Home Owners Association

 

          

Approved by Board of Directors

Dated: April 23, 2012